What is the good character requirement for naturalisation? Becoming a British citizen is a significant milestone, but one of the most critical and often misunderstood requirements is proving you are of “good character.” The UK Home Office uses this assessment to determine whether an applicant upholds British laws and values. This guidance also serves as a comprehensive framework for evaluating the good character requirement in British citizenship applications, ensuring that their decisions align with legal and ethical standards.
What is a person’s good character?
The good character requirement for naturalisation as a British citizen is outlined in Schedule 1 of the BNA 1981. The Home Office provides guidelines for good character, and this article will provide an overview of both negative and positive factors that must be considered, such as criminality, immigration breaches, and contributions to society.
What are the considerations of a Person’s Best Interests
Decision-makers must evaluate all relevant information and evidence regarding a person’s best interest that must be taken into account when determining whether the applicant meets the good character requirement under the British Nationality Act (BNA) 1981.
Factors Considered in Good Character Assessment
An applicant is unlikely to be considered of good character if they have engaged in any of the following:
- Criminal Activity – Conviction of a crime or reasonable suspicion of involvement in criminal acts.
- International Crimes and Terrorism – Association with war crimes, crimes against humanity, genocide, terrorism, or activities deemed harmful to public interest.
- Financial Irresponsibility – Failure to manage financial affairs, such as unpaid taxes or significant debt.
- Notoriety – Activities that undermine their reputation in the local community.
- Deception and Dishonesty – Providing false information to the UK government, such as fraudulent benefit claims.
- Immigration Violations – Breaching immigration laws, overstaying visas, working illegally, or aiding illegal immigration.
- Citizenship Deprivation – Previous loss of British citizenship due to misconduct.
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“Failing to meet this standard can lead to refusal, delays, or even a permanent ban from citizenship. This guide explains what “good character” means, common reasons for refusal, and how to strengthen your application.”
Application of the Requirement to Young Persons
The good character requirement applies to individuals aged 10 and above. When assessing a child’s character, mitigating factors such as their age and ability to comprehend their actions must be considered. Sentencing guidelines for children differ from those for adults, meaning lesser sentences may lower the threshold for refusal.
Criminality Considerations
A criminal record does not automatically result in refusal, but disrespect for the law is a key factor. Citizenship applications will generally be refused if an applicant has:
- A custodial sentence of 12 months or more.
- Consecutive custodial sentences totalling at least 12 months.
- A history of persistent offending.
- Committed an offence causing serious harm.
- Committed a sexual offence or appears on a police register.
An application must be refused if the applicant has:
- A custodial sentence of under 12 months.
- A non-custodial sentence or an out-of-court disposal is recorded on their criminal record, and they fail to demonstrate good character.
When assessing applicants with past convictions, all relevant factors, including mitigating circumstances, must be carefully evaluated.
Disclosure of Criminal Convictions
Applicants are required to disclose all convictions. Failure to declare or providing misleading information may result in refusal on both grounds of the conviction and deception.
Sentence-Based Thresholds for Applications Before 31 July 2023
For applications submitted before this date, refusal is likely if the applicant has received:
- A custodial sentence of at least four years.
- A custodial sentence between 12 months and four years, unless 15 years have passed since the sentence ended.
- A custodial sentence under 12 months, unless 10 years have passed since completion.
- A non-custodial sentence or out-of-court disposal recorded within three years before the application.
Sentence-Based Thresholds for Applications after 31 July 2023
For applications made from 31 July 2023, any proposal to grant a person who has been convicted with a sentence of 12 months or more, or consecutive sentences of a total of 12 months or more
Persistent Offenders
Repeat offenders showing continuous disregard for the law will typically be refused citizenship. Persistent offenders are those with a history of repeated criminal behaviour.
Time Since Offences
The recent timing of offences is a key consideration. Recent offences are more likely to result in a negative assessment. However, even older offences may lead to refusal if they raise concerns about the applicant’s character.
Additional Criminal and Financial Considerations that may affect the applicants’ considerations
- Pending Charges and Prosecutions – Unresolved legal matters can impact the decision.
- Failure to Disclose Convictions – Non-disclosure or misleading information is grounds for refusal.
- Suspected Criminal Activity – Individuals suspected of serious crimes may be denied citizenship.
- Unexplained Finances – Questionable financial sources can lead to application rejection.
- International Crimes and Terrorism – Involvement in war crimes, genocide, or extremist activities disqualifies an applicant.
- Sanctions and Extremism – Association with individuals or organisations involved in terrorism or extremism is considered a risk.
- Public Order Concerns – Actions disrupting public order can affect an applicant’s character assessment.
- Financial Misconduct – Fraud related to public funds and failure to pay required litigation costs can negatively impact an application.
Immigration-Related Issues that may affect the applicants’ considerations
- Deportation Orders – Those subject to a deportation order are ineligible for citizenship.
- Sham Marriages or Civil Partnerships – Entering fraudulent marriages to gain immigration benefits is a disqualifying factor.
- Immigration Breaches – Overstaying visas, illegal entry, or absconding from immigration control can lead to refusal.
- Illegal Working – Employment without the proper authorisation, including hiring undocumented workers, is considered a violation.
For further information, you may visit: Good Character Requirement from GOV.UK